Utility rights-of-way and designated streets. Fifty percent of any land within easements or rights-of-way for overhead utilities of 69 kilovolts or greater, or within a designated street line, shall not be counted as part of any minimum lot area requirement. No building, structure, yard or land proposed for prolonged habitual human occupancy shall be located within a utility easement; however, a road may traverse the easement.

Land under water (applicable prior to development). One hundred percent of that portion of a lot subject to the following shall not be counted as part of any minimum lot area requirement: ponds: freshwater wetlands regulated by the Army Corps of Engineers; streams; and that portion of any freshwater wetland and any 100-foot control area designated by the New York State Department of Environmental Conservation. No construction shall be permitted within the limits of the freshwater wetland or stream without appropriate federal or state permits.

Floodplains. Fifty percent of any land contained within the 100-year floodplain as designated on Federal Emergency Management Agency maps shall not be counted as part of any minimum lot area requirement. No construction shall be permitted within the 100-year floodplain.

Steep slopes (applicable prior to development).

Rock outcrops (applicable prior to development). Not more than 50% of the area of that portion of a lot that is proposed to be disturbed with rock outcrops in excess of 50 square feet may be counted as part of the lot area of a parcel.

Purpose. The MG Zone encompasses areas that contain lands that are constrained due to shallow depth to bedrock, seasonally perched water table, and steep topography. For purposes of establishing residential development yield that is consistent with the environmental characteristics of the land, an applicant has the option of selecting two alternatives for calculating development yield, after which average density subdivision is required, except for subdivisions of less than four lots where each proposed lot has access to an existing public road.

Density calculation - minimum lot size alternative. The applicant may choose to establish development yield for residential subdivisions utilizing the minimum lot size (10 acres) and bulk requirements for the MG District. The environmental constraints outlined in § 199-35 above shall first be subtracted from the gross acreage to establish net residential development yield. The applicant shall then map a conceptual standard subdivision that meets the minimum bulk requirements for single-family dwellings in the MG Zone.

Density calculation - soil designation alternative. An applicant may choose to establish the maximum residential development yield by utilizing the soil data contained in the Soil Survey of Sullivan County, New York. For purposes of calculating development yield for single-family detached residential subdivisions, § 199-35, Environmental constraints, shall not apply. The letters listed below refer to the slope designations contained in the soil mapping units that are enumerated in the Soil Survey of Sullivan County, New York. The applicant shall calculate the number of acres contained within each slope category. The acreage of each slope category shall be multiplied by the appropriate residential density to determine the total number of units permissible. To establish the development yield for a particular site, the following density provisions shall apply:

After determining the residential density of the parcel, the applicant shall utilize the average density provisions (§ 199-38) to cluster residential units on soils with slope designations of A, B or C (0% to 15%) and on the portions of the lot closest to existing public roads. The minimum bulk requirements for the clustered residential lots shall be the same as for single-family detached residences in the Neighborhood Residential (NR) Zoning District (for residences with neither Town-endorsed sewer nor Town-endorsed water systems). The maximum residential yield and the final configuration and size of each building lot shall be established based on the applicant demonstrating that individual well and septic systems, adequate access, and other specifications of this chapter, the Town Subdivision Regulations, and all other applicable laws and regulations shall be met.

Other uses in the MG Zones. All other uses allowed in the MG or RVP Zoning Districts shall be required to establish minimum lot area and development yield by applying the requirements contained in § 199-35, Environmental constraints, to the lot area requirement listed in Schedule I.[1]

Restrictions to be added to subdivision plat. Any lot created by process of these provisions shall be considered to have the minimum lot area and maximum residential density permissible within the MG and RVP Zoning Districts. A note shall be added to the subdivision plat indicating that the lots created represent the maximum number of lots permitted in accordance with the MG regulations. The maximum number of lots permissible and the calculation of residential density yield shall also be included as a map note.

Covenants and easements required. A covenant shall be filed with the deed of any lot created by process of these provisions requiring that there be no further subdivision of the lot without the authorization of the Town Board, upon a finding that the resubdivision of the lot is not contrary to the policies of the Comprehensive Plan of the Town of Mamakating. Additionally, conservation easements in favor of the Town of Mamakating or a reputable land trust acceptable to the Town Board upon advice of its legal counsel shall be required over any open space land created by the average density subdivision.

Small subdivisions exempt. Subdivisions of less than four total lots each having direct, individual access to a public road, and where no new road is proposed, may be subdivided subject to standard subdivision process, based upon the lot area and bulk requirements listed in Schedule I,[2] after application of the requirements of § 199-35, Environmental constraints.

Purpose. Stream and riparian areas, the habitat bordering streams, are critical for water quality protection, erosion control, and as a living environment for many species of birds and wildlife. When properly designed, these areas can also serve as linear parks for hiking, nature viewing and other low-impact recreational activities. One of the most important methods of protecting stream quality is to limit disturbance within close proximity to a stream and its riparian area. For purposes of these regulations, the following shall apply:

Disturbance of the stream buffer shall require a disturbance permit from the Planning Board. In considering the need for said disturbance, the Planning Board shall consider:

The Planning Board shall establish such conditions as may be necessary to minimize disturbance to the stream buffer, including a delineation of the area to be disturbed prior to work being conducted.

Approval of plats; conditions for changes in zoning provisions. The Mamakating Town Board, pursuant to § 278 of the Town Law, hereby empowers the Planning Board, simultaneously with the approval of a plat, to modify applicable provisions of this chapter, subject to the conditions hereinafter set forth and such other reasonable conditions as the Town Board may, in its discretion, add thereto. The purpose of this authorization is to enable and encourage flexibility of design and development of land in such a manner as to promote the most-appropriate use of land, to facilitate the adequate and economical provision of streets and utilities, and to preserve the natural and scenic qualities of open lands.

The conditions hereinabove referred to are as follows:

Purpose. The purpose of this section is to allow applicants, upon approval by the Town Board, to transfer the development rights permitted to a lot, parcel, or other area of land from a designated sending district to an area designated as a receiving district, in order to accomplish the following objectives:

For purposes of this section, the sending districts and receiving districts shall be designated as follows:

Consent of owners. The owner of the property in the sending district shall submit an affidavit consenting to the transfer of density onto the receiving parcel.

Subdivision or site plan approved required. A site plan and/or subdivision plan shall be filed with the Planning Board concurrently with the request to the Town Board to permit the transfer. The subdivision or site plan shall conform to the requirements of the zoning, subdivision and/or site plan regulations. Where the Planning Board determines that the transfer will meet the goals and objectives of this section, it may waive the environmental constraint provisions as apply to the receiving parcel and allow development under any reduced lot area and bulk provisions subject to Town-endorsed utility requirements as applicable.

Conservation easement. The burden upon land within a sending district from which development rights have been transferred shall be documented by an instrument duly executed by the grantor in the form of a conservation easement as defined in Title 3 of Article 49 of the Environmental Conservation Law, which burden upon such land shall be enforceable by the Town of Mamakating in addition to a reputable land trust acceptable to the Town of Mamakating, which enforcement shall not necessarily imbue any responsibility for maintenance on the part of the Town or land trust. Any development right which has been transferred by conservation easement shall be evidenced by a certificate of development right which shall be issued by the Town of Mamakating to the transferee in a form suitable for recording in the Registry of Deeds in the County of Sullivan.

Within one year after a development right has been transferred, the assessed valuation placed on the affected property for real property tax purposes shall be adjusted to reflect the transfer. A development right which is transferred shall be deemed to be an interest in real property, and the rights evidenced thereby shall inure to the benefit of the transferee, and his heirs, successors and assigns.

Development rights bank. The Town may establish, through the transfer of development rights of Town-owned lands not designated as parkland, a supply of development credits pursuant to these provisions for direct sale to interested purchasers. The Town may purchase land for the purpose of creating development credits or accept lands through donation or bequeathment for such purpose. The price for sale of these credits shall be established based on the per-credit acquisition cost (including any administrative costs) or 75% of the land cost for a single-family building lot in the receiving district, whichever is greater. The proceeds from sale of such credit shall be deposited into a special separate municipal account to be applied against expenditures necessitated by the municipal development rights program, including cost of additional future acquisitions of development rights.

Purpose. To promote the health, safety and general welfare of the residents of the Town, the Town finds that:

Application of regulations. Except as provided herein, no land shall be developed and no building or structure erected, expanded or developed unless in conformity with these regulations. Any lot fully or partially within the Ridge Overlay District as mapped by the Town of Mamakating will be subject to these regulations. Where these regulations conflict with existing regulations, these regulations shall supersede.

Nonconforming lots. Where new uses of preexisting, nonconforming lots require only a building permit, these regulations shall be applied to the maximum extent possible in meeting the purposes of this section.

Approval conditions. Any condition of approval necessary to meet these regulations shall be clearly noted on the final plat or plan and filed with the County Clerk. Where appropriate, conditions shall also be noted on a filed deed.

Design regulations. To meet the purpose of the Ridge Overlay District, the following regulations shall apply:

Dedication of open space. Any land dedicated for open space purposes shall be used only for park, recreation, conservation or selective timbering and agricultural purposes. Such land shall be encumbered by appropriate covenants or conservation easements approved by the Planning Board ensuring that the open space cannot be further subdivided; the use of the open space will continue in perpetuity for the stated purpose; and appropriate provisions will be made for maintenance.

Purpose. The purpose of this section is to ensure that the trees and forests of the Town are protected from unregulated removal and destruction. It is the policy of the Town of Mamakating to limit clear-cutting activities in the Town since they have the effect of increasing the potential for soil erosion and can degrade existing water quality through siltation and sedimentation, create visual scars on the landscape, and reduce forest habitat.

Approval required. No building permit shall be issued for any activity which proposes to clear-cut an area in excess of one acre unless in connection with a site plan or subdivision plan approved by the Planning Board, or in connection with a timber harvesting license issued by the Planning Board in accordance with Chapter 181, Timber Harvest Control, of the Code of the Town of Mamakating. Any other activity which proposes to clear-cut one acre or more of land shall require site plan approval by the Planning Board. Nothing herein shall be construed to permit clear-cutting where otherwise prohibited in this chapter or elsewhere in the Code of the Town of Mamakating.

Submission required. The proposed clear-cutting of land shall require submission of the following:

Standards. An application to clear-cut land shall only be approved if it meets the following standards:

Exceptions. A permit to clear-cut land shall not be required for the following activities, provided they do not exceed the disturbance of one acre or more:

Inspection required prior to issuance of permit. Upon site plan approval of the Planning Board, and prior to the issuance of a permit to clear-cut, the applicant shall be required to flag the area proposed to be cut and shall provide written notice to the Building Inspector that said area has been delineated. Large-diameter trees to be preserved shall also be flagged. All mitigation measures shall be installed. The Building Inspector shall inspect the premises and shall issue a permit to conduct the clear-cut activity upon a finding that the limits of clear-cut have been delineated in accordance with that area shown on the site plan and that mitigation measures have been implemented.

Notwithstanding the provisions of § 131-13 of this Code, there is hereby established a Senior Mobile/Manufactured Housing Zone in the Town of Mamakating. In the entirety of such zone, up to a total of 20 mobile or manufactured houses shall be authorized, subject to:

The adoption of this section is intended to expand upon the affordable housing options available to Mamakating residents by allowing for the creation of one new senior mobile/manufactured housing zone of up to 20 units in a single manufactured or mobile home park, thereby expanding the affordable housing opportunities available for those over the age of 55 in the Town of Mamakating. There shall be no minimum lot size for mobile/manufactured homes sited pursuant to this zone. The intent of this section is to create a housing community consistent with the Housing for Older Persons Act of 1995.

The Senior Mobile/Manufactured Housing Zone shall be a stand-alone mobile home park or a designated area in an existing mobile home park where housing units are contiguous to each other and generally separated from the remainder of the mobile/manufactured housing park in an otherwise undeveloped area which does not have mobile/manufactured housing units located thereon. Each housing unit in each zone shall require at least one occupant per housing unit (defined as a mobile or manufactured home, whether owned by an occupant or otherwise) who is liable for the performance of the terms of a lease of at least one year with the manufactured/mobile home park owner to be over the age of 55, and shall prohibit occupants in such units under the age of 19 years, except as otherwise provided herein. The lease provisions shall be adopted by resolution by the Town Board and may be revised from time to time by the Town Board. In the event the provisions are revised, a public hearing shall be held on the same with notice to the owner of any mobile home park which contains a Senior Mobile/Manufactured Housing Zone. Such provisions shall relate to and effectuate the purposes of this section and shall be filed at all times with the Town Clerk.

Temporary visitors; age restrictions.

In the event a mobile/manufactured home located in the Senior Mobile/Manufactured Housing Zone is owned by a person age 55 or older who resides in such home and such person dies or is otherwise hospitalized or requires long-term health care outside of his or her home, the same shall not prohibit the spouse of such person, regardless of the age of such spouse, from continuing to reside in such home or from having his or her lease renewed if he or she is otherwise in compliance with the terms of all applicable laws and otherwise in compliance with the lease and if the owner of the manufactured/mobile home park agrees to renew such lease. Upon the death of all persons of a mobile/manufactured home who were residents of housing in a Senior Mobile/Manufactured Housing Zone and who were signatories to any lease agreement with the owner or operator of the mobile/manufactured housing park in the Senior Mobile/Manufactured Housing Zone, those responsible for administering the estate of such decedent may sell a mobile/manufactured home in the Senior Mobile/Manufactured Housing Zone to the owner of the mobile/manufactured housing park where such mobile/manufactured home is located or to any person(s) who is (are) qualified to otherwise live in such zone. The owner of the mobile/manufactured housing park which has the Senior Mobile/Manufactured Housing Zone in it shall not unreasonably deny a tenancy or lease to a prospective purchaser of a mobile/manufactured home being sold by the estate of a tenant in such zone where such deceased tenant or his or her spouse previously had a lease with the owner of the mobile/manufactured home park. The terms of such lease shall be substantially similar to the terms of all other leases in the Senior Mobile/Manufactured Housing Zone where the tenant owns the mobile/manufactured home and leases lot space from the owner of the manufactured/mobile home park, except nothing shall prohibit the owner of such park from otherwise increasing his or her lot rental by not more than 10% of the highest lot rent otherwise paid for a lot rental in the zone.

Exceptions to age restrictions.

Language shown on the addendum attached hereto shall be made an addendum to each lease between a mobile/manufactured home park owner who utilizes the senior mobile/manufactured housing designation and any tenant who is responsible for the performance of lease terms who resides in a Senior Mobile/Manufactured Housing Zone. The mobile/manufactured park owner(s) shall provide the Town of Mamakating Code Enforcement Officer with a copy of each signed lease for any mobile/manufactured home in a senior/manufactured mobile housing development within 14 days of such lease being executed by the occupants thereof. The language in the addendum may be amended from time to time by resolution of the Town Board, but such amendment shall not reduce the number of housing units approved under this section. If such language in the addendum is amended, the owner of the mobile/manufactured housing park where senior mobile/manufactured housing exists shall be given notice of the proposed amendment at least 30 days in advance and shall have the authority to challenge the addendum as having improperly diminished the provisions or purposes of any other agreement the owner has entered into, if any, with the Town of Mamakating Town Board, including the settlement of legal claims between the parties.

A mobile/manufactured home park owner who utilizes the senior mobile/manufactured housing designation for the locating or placement of mobile/manufactured homes shall, and upon application to the Planning Board for site plan approval does, give the Town of Mamakating Building Inspector the right to commence a summary proceeding under the Real Property Actions and Proceedings Law, as amended, or any other applicable section of New York State law, for purposes of bringing an eviction proceeding against any occupant, tenant, lessee, or mobile/manufactured home owners in violation of any term of the lease upon direction of the Building Inspector of the Town of Mamakating. Further, such owner agrees himself or herself to enforce the terms of the lease.

This section shall take effect upon filing with the Secretary of State.